MACALINTAL VS COMELEC

FACTS:
This is a petition for certiorari and prohibition filed by Ro!lo "# Macalintal$ a eber of the
%hilippine "ar$ see&in' a declaration that certain pro(isions of Rep!blic Act No# )*+) ,The Overseas
Absentee Voting Act of 2003-
*
s!ffer fro constit!tional infirity# Claiin' that he has act!al and
aterial le'al interest in the s!b.ect atter of this case in seein' to it that p!blic f!nds are properly
and la/f!lly !sed and appropriated$ petitioner filed the instant petition as a ta0payer and as a la/yer#
ISS1ES:
A# 2oes Section 3,d- of Rep# Act No# )*+) allo/in' the re'istration of (oters /ho are
ii'rants or peranent residents in other co!ntries by their ere act of e0ec!tin' an
affida(it e0pressin' their intention to ret!rn to the %hilippines$ (iolate the residency
re4!ireent in Section * of Article V of the Constit!tion5
"# 2oes Section *+#3 of the sae la/ epo/erin' the COMELEC to proclai the /innin'
candidates for national offices and party list representati(es incl!din' the %resident and the
Vice6%resident (iolate the constit!tional andate !nder Section 7$ Article VII of the
Constit!tion that the /innin' candidates for %resident and the Vice6%resident shall be
proclaied as /inners by Con'ress5
C# May Con'ress$ thro!'h the 8oint Con'ressional O(ersi'ht Coittee created in Section
93 of Rep# Act No# )*+)$ e0ercise the po/er to re(ie/$ re(ise$ aend$ and appro(e the
Ipleentin' R!les and Re'!lations that the Coission on Elections shall pro!l'ate
/itho!t (iolatin' the independence of the COMELEC !nder Section *$ Article I:6A of the
Constit!tion5
;EL2:
In resol(in' the iss!es $ the application of the r!les in Stat!tory Constr!ction !st be applied
*# All la/s are pres!ed to be constit!tional
9# The constit!tion !st be constr!ed as a /hole
<# In case of do!bt in the interpretation of the pro(ision of the constit!tion$ s!ch
eanin' !st be ded!ced fro the disc!ssions of the ebers of the
constit!tional coission#
A. Does Section 5(d) of Rep. Act o. !"#! vio$ate Section "% Artic$e V of the "!#&
'onstit(tion of the Rep(b$ic of the )hi$ippines*
Section 7 of R#A# No# )*+) pro(ides for the co(era'e of the absentee (otin' process$ to /it:
SEC# 7# 'overage# = All citi>ens of the %hilippines abroad$ /ho are not other/ise dis4!alified
by la/$ at least ei'hteen ,*+- years of a'e on the day of elections$ ay (ote for president$
(ice6president$ senators and party6list representati(es#
/hich does not re4!ire physical residency in the %hilippines? and Section 3 of the assailed
la/ /hich en!erates those /ho are dis4!alified$ to /it:
SEC# 3# Dis+(a$ifications# = The follo/in' shall be dis4!alified fro (otin' !nder this Act:
a- Those /ho ha(e lost their Filipino citi>enship in accordance /ith %hilippine la/s?
b- Those /ho ha(e e0pressly reno!nced their %hilippine citi>enship and /ho ha(e pled'ed
alle'iance to a forei'n co!ntry?
c- Those /ho ha(e coitted and are con(icted in a final .!d'ent by a co!rt or trib!nal of
an offense p!nishable by iprisonent of not less than one ,*- year$ incl!din' those /ho
ha(e coitted and been fo!nd '!ilty of 2isloyalty as defined !nder Article *<@ of the
Revised )ena$ 'ode$ s!ch disability not ha(in' been reo(ed by plenary pardon or
anesty: )rovided$ ho,ever$ That any person dis4!alified to (ote !nder this s!bsection shall
a!toatically ac4!ire the ri'ht to (ote !pon e0piration of fi(e ,3- years after ser(ice of
sentence? )rovided$ f(rther$ That the Coission ay ta&e co'ni>ance of final .!d'ents
iss!ed by forei'n co!rts or trib!nals only on the basis of reciprocity and s!b.ect to the
foralities and processes prescribed by the R($es of 'o(rt on e0ec!tion of .!d'ents?
d- An ii'rant or a peranent resident /ho is reco'ni>ed as s!ch in the host co!ntry$
!nless heAshe e0ec!tes$ !pon re'istration$ an affida(it prepared for the p!rpose by the
Coission declarin' that heAshe shall res!e act!al physical peranent residence in the
%hilippines not later than three ,<- years fro appro(al of hisAher re'istration !nder this Act#
S!ch affida(it shall also state that heAshe has not applied for citi>enship in another co!ntry#
Fail!re to ret!rn shall be ca!se for the reo(al of the nae of the ii'rant or peranent
resident fro the National Re'istry of Absentee Voters and hisAher peranent
dis4!alification to (ote in absentia#
e- Any citi>en of the %hilippines abroad pre(io!sly declared insane or incopetent by
copetent a!thority in the %hilippines or abroad$ as (erified by the %hilippine ebassies$
cons!lates or forei'n ser(ice establishents concerned$ !nless s!ch copetent a!thority
s!bse4!ently certifies that s!ch person is no lon'er insane or incopetent#
As finally appro(ed into la/$ Section 3,d- of R#A# No# )*+) specifically dis4!alifies an i--igrant or
per-anent resident /ho is Breco'ni>ed as s!ch in the host co!ntryB beca!se ii'ration or
peranent residence in another co!ntry iplies ren!nciation of oneCs residence in his co!ntry of
ori'in# ;o/e(er$ sae Section allo/s an ii'rant and peranent resident abroad to re'ister as
(oter for as lon' as heAshe e0ec!tes an affida(it to sho/ that heAshe has not abandoned his doicile
in p!rs!ance of the constit!tional intent e0pressed in Sections * and 9 of Article V that Ba$$ citi>ens of
the %hilippines not other/ise dis4!alified by la/B !st be entitled to e0ercise the ri'ht of s!ffra'e
and$ that Con'ress !st establish a syste for absentee (otin'? for other/ise$ if act!al$ physical
residence in the %hilippines is re4!ired$ there is no sense for the fraers of the Constit!tion to
andate Con'ress to establish a syste for absentee (otin'#
"# .s Section "#.5 of R.A. o. !"#! in re$ation to Section / of the sa-e Act in contravention of
Section /% Artic$e V.. of the 'onstit(tion5
Section 7 of R#A# No# )*+) pro(ides that the o(erseas absentee (oter ay (ote for
president$ (ice6president$ senators and party6list representati(es#
Section *+#3 of the sae Act pro(ides:
SEC# *+# On6Site Co!ntin' and Can(assin'# =
# # # # # # # # #
*+# 3 The can(ass of (otes shall not ca!se the delay of the proclaation of a /innin'
candidate if the o!tcoe of the election /ill not be affected by the res!lts thereof#
Not/ithstandin' the fore'oin'$ the 'o--ission is e-po,ered to order the proc$a-ation of
,inning candidates despite the fact that the sched!led election has not ta&en place in a
partic!lar co!ntry or co!ntries$ if the holdin' of elections therein has been rendered
ipossible by e(ents$ factors and circ!stances pec!liar to s!ch co!ntry or co!ntries$ in
/hich e(ents$ factors and circ!stances are beyond the control or infl!ence of the
Coission# ,Ephasis s!pplied-
SEC# 7 # # #
The ret!rns of e(ery election for %resident and Vice6%resident$ d!ly certified by the board of
can(assers of each pro(ince or city$ shall be transitted to the Con'ress$ directed to the
%resident of the Senate# 1pon receipt of the certificates of can(ass$ the %resident of the
Senate shall$ not later than thirty days after the day of the election$ open all the certificates in
the presence of the Senate and the ;o!se of Representati(es in .oint p!blic session$ and the
Con'ress$ !pon deterination of the a!thenticity and d!e e0ec!tion thereof in the anner
pro(ided by la/$ can(ass the (otes#
The person ha(in' the hi'hest n!ber of (otes shall be proclaied elected$ b!t in case t/o
or ore shall ha(e an e4!al and hi'hest n!ber of (otes$ one of the shall forth/ith be
chosen by the (ote of a a.ority of all the Mebers of both ;o!ses of the Con'ress$ (otin'
separately#
The Con'ress shall pro!l'ate its r!les for the can(assin' of the certificates#
# # #
S!ch pro(ison 'i(es the Con'ress the d!ty to can(ass the (otes and proclai the /innin'
candidates for president and (ice6president#
It /as held that this pro(ision !st be haroni>ed /ith para'raph 7$ Section 7$ Article VII of
the Constit!tion and sho!ld be ta&en to ean that COMELEC can only proclai the /innin'
Senators and party6list representati(es b!t not the %resident and Vice6%resident#
7*

The phrase$ proc$a-ation of ,inning candidates$ in Section *+#3 of R#A# No# )*+) is far too
s/eepin' that it necessarily incl!des the proclaation of the /innin' candidates for the presidency
and the (ice6presidency#
clashes /ith para'raph 7$ Section 7$ Article VII of the Constit!tion /hich pro(ides that the
ret!rns of e(ery election for %resident and Vice6%resident shall be certified by the board of
can(assers to Con'ress#
Con'ress co!ld not ha(e allo/ed the COMELEC to !s!rp a po/er that constit!tionally
belon's to it or$ as aptly stated by petitioner$ to encroach Bon the po/er of Con'ress to can(ass the
(otes for president and (ice6president and the po/er to proclai the /inners for the said positions#B
The pro(isions of the Constit!tion as the f!ndaental la/ of the land sho!ld be read as part of The
Overseas Absentee Voting Act of 2003 and hence$ the can(assin' of the (otes and the proclaation
of the /innin' candidates for president and (ice6president for the entire nation !st reain in the
hands of Con'ress#
C# Are Sections "! and 25 of R.A. o. !"#! in vio$ation of Section "% Artic$e .01A of the 'onstit(tion5
Section *# The Constit!tional Coissions$ /hich shall be independent$ are the Ci(il Ser(ice
Coission$ the Coission on Elections$ and the Coission on A!dit#
SEC# *@# Voting b2 3ai$# =
*@#*# For the May$ 9DD7 elections$ the Coission shall a!thori>e (otin' by ail in not ore
than three ,<- co!ntries$ s!b.ect to the appro(al of the Con'ressional O(ersi'ht Coittee#
Votin' by ail ay be allo/ed in co!ntries that satisfy the follo/in' conditions:
a- Ehere the ailin' syste is fairly /ell6de(eloped and sec!re to pre(ent occasion for
fra!d?
b- Ehere there e0ists a technically established identification syste that /o!ld precl!de
!ltiple or pro0y (otin'? and
c- Ehere the syste of reception and c!stody of ailed ballots in the ebassies$ cons!lates
and other forei'n ser(ice establishents concerned are ade4!ate and /ell6sec!red#
Thereafter$ (otin' by ail in any co!ntry shall be allo/ed only !pon re(ie/ and appro(al of
the 8oint Con'ressional O(ersi'ht Coittee # # # # # # # # # ,Ephasis s!pplied-
S!ch pro(ision is !nconstit!tional as it (iolates Section *$ Article I:6A andatin' the independence
of constit!tional coissions#
The phrase$ Bs!b.ect to the appro(al of the Con'ressional O(ersi'ht CoitteeB in the first sentence
of Section *@#* /hich epo/ers the Coission to a!thori>e (otin' by ail in not ore than three
co!ntries for the May$ 9DD7 elections? and the phrase$ Bonly !pon re(ie/ and appro(al of the 8oint
Con'ressional O(ersi'ht CoitteeB fo!nd in the second para'raph of the sae section are
!nconstit!tional as they re4!ire re(ie/ and appro(al of (otin' by ail in any co!ntry after the 9DD7
elections# Con'ress ay not confer !pon itself the a!thority to appro(e or disappro(e the co!ntries
/herein (otin' by ail shall be allo/ed$ as deterined by the COMELEC p!rs!ant to the conditions
pro(ided for in Section *@#* of R#A# No# )*+)#
7+
Other/ise$ Con'ress /o!ld o(erstep the bo!nds of
its constit!tional andate and intr!de into the independence of the COMELEC#
E;EREFORE$ the petition is partly FRANTE2# The follo/in' portions of R#A# No# )*+) are
declared VOI2 for bein' 1NCONSTIT1TIONAL: